Monday, May 01, 2006

Court

Not long after I met Sam, he got a construction job for a guy named Joe. (Names have not been changed to protect the guilty! lol) Joe wanted a new garage, a handy place to store his very nice sports cars. Joe had previously hired another contractor, who had started permits and dug the footings for the foundation. Joe fired him for unclear reasons.

After looking over the plans and the site, (this was in approximately February of 2002) Sam said "I think I can have this done by the end of May. "

Joe says, "No rush. I just need it done before winter comes around again." I was there for this conversation.

So, after securing a $15,000 deposit from Joe . . .


Sam got the footings poured and laid the block for the foundation. This was a job Sam wasn't used to doing. Not that he wasn't qualified to do it, he just usually hired it out. Joe doesn't like jobs hired out, though. He hired Sam to do the work and didn't want him to subcontract anything out. So Sam laid the block. Since this was not a job he did all the time, it took him a little longer than he was expecting, but his timeline was still okay. Foundation was inspected and okay'd by the town and Sam started framing out the garage.

"Wait! I don't like that window!" Says Joe at the last moment. "And I think the door should be over here. And can we make this wider?"

Sam, being the sweetheart that he is, says "Sure we can work on that . . ." By now it is the end of April. They work out all the problems and Sam goes at it again. One morning in early May, Sam asks Joe how he thinks it's all going and mentions that the next installment for the work is due. It should be another $15,000. Joe is all smiles and very pleased about everything, leaving Sam expecting his next payment with no problems. Late that same afternoon, Joe calls Sam and fires him, claiming all his work was terrible, it wouldn't be done in time and he was going to look for someone else. Hmmm . . .

Sam left over $15,000 in supplies behind on that job. He was never paid for the labor he put into the garage and on top of that . . .

Joe sued Sam for the return of his deposit times THREE! Plus the cost of an attorney and etc . . . Only, notice was sent to the wrong address and never caught up with Sam . . . Judgment was entered against him in the neighborhood of $60,000. Still, Sam wasn't notified . . . and because so much time elapses before he finds out what's going on, he doesn't have the chance to defend himself against the default judgment. With interest the total is over $75,000 now.

Enter bankruptcy. Yes. . . that's what Sam had to do to get out from under this. So he's been to court about it several times. He has one more court date at which he will finally have the chance to show his receipts and tell his side of what happened four years ago.

On top of all this . . .

Joe has enjoyed following us around for the past four years. From Sam's apartment in North Caldwell, to Greenwood Lake, to our house in Wayne (that's where I first realized he was watching us. I had seen his car go by elsewhere, but it didn't click until Sam saw him drive by in Wayne.), and now, here in Bloomingdale, he drives by all the time. At first it was a few times a week. Then every day. Now it's 5 or 6 times a day, sometimes more. And it isn't just here. He goes by Sam's work, my work, when I was working, my parents house, and probably Sam's parents house, though they don't really pay attention. And last year, while Mommy and I were walking around my neighbor hood, he drove by us several times (we had the twins out in the stroller) and made us very uncomfortable. I don't like going for a walk anymore and I certainly will not do it alone!

So, tomorrow we go to court with a complaint against Joe for stalking us. In the past, we had been told that there wasn't much that could be done about it. After all, he's on a public street . . . but the last time we went to have a report filed, the officer gave us some better news. He said that we certainly can and should file a complaint and, if the judge sees fit, Joe could be arrested at court for everything and a condition of his bail can be that he isn't allowed any where near Sam or his family.

I really hope it goes that way. I'm tired of looking out my window, wondering if Joe will be there. I'd really like to be able to go take a walk with my kids. Everything will be over soon, though, either in our favor or his, and we can put it all behind us and move on. I can't wait!

2 comments:

Jennie C. said...

I can't believe you didn't have any recourse against this stalker.

The Davison Family said...

There must have been something you could have done...restraining order or something like that. I think I would have looked for a better answer, had I not received the one I was looking for in the first place.

Good luck tomorrow!

Jess